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(영문) 청주지방법원 2018.11.29 2017가단114702
건물명도(인도)
Text

1. From June 1, 2018 to July 25, 2018, Plaintiff (Counterclaim Defendant) filed a claim against the Defendant (Counterclaim Plaintiff) for KRW 30 million and its amount.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 16, 2017, the Plaintiff entered into a lease agreement between the Defendant and the Defendant with respect to the part of the registry of square meters (hereinafter “instant real estate”) on the left-hand side of 140.4m of the first floor of the building in the building in the building in the building in the building in the building in the building in the building in the building in the building in the building in the building in the building in the building in the Dong-gu, the lease agreement between the Plaintiff and the Defendant from August 1, 2017 to August 1, 2019.

(hereinafter “instant lease agreement”). B.

From October 1, 2017 to May 31, 2018, the Defendant did not pay 9,920,000 won to the Plaintiff. As the Defendant’s delay in rent continued, the Plaintiff notified the Defendant of the termination of the lease agreement on December 20, 2017.

C. On May 31, 2018, the Defendant removed from the instant real estate.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 3, 9, Eul 1 through 10, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the plaintiff did not pay more than 3,360,000 won of rent for not less than 4,000 won to the plaintiff's highest notice, and thus, the defendant is obligated to deliver the pertinent real estate after collecting all the goods used by the plaintiff and deliver the unpaid rent and pay the amount of unjust enrichment.

B. The Plaintiff and the Defendant agreed to terminate the instant lease agreement with each other and deliver the instant real estate by May 31, 2018.

Accordingly, as the Defendant removed the instant building on May 31, 2018, and collected goods, the Plaintiff is obligated to return 30,000,000 won remaining after deducting the unpaid rent of 9,20,000 won (from October 1, 2017 to May 31, 2017) from the Defendant.

3. Determination

A. According to the fact that the Defendant’s delay in rent and the Plaintiff’s termination of the contract, the Defendant was in arrears after October 1, 2017, and the Plaintiff notified the termination of the lease with the content certification around December 2017.

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